The Frederick County Board of Supervisors desires
to protect the health, safety and welfare of the citizens of Frederick
County, while providing an effective and efficient means of managing
the citizens' solid waste disposal needs. It is the purpose of this
chapter to establish minimum requirements to achieve the best possible
methods of solid waste management, while safeguarding the environment
and the citizens of Frederick County pursuant to the provisions of
Title 15.2, Article 2 of the Code of Virginia.
As used in this chapter, the following terms
shall have the meanings indicated:
Any vehicle which is incapable of being properly operated,
including an unlicensed vehicle as defined by the County's Zoning
Ordinance.[1]
Any material or product which contains more than 1 percent
by weight asbestos.
The fly ash or bottom ash residual waste material produced
from incineration or burning of solid waste or from any fuel combustion.
Stabilized sewage sludge generally used for agricultural
land application as a fertilizer supplement or soil amendment. Biosolids
may also be used in silviculture to increase forest productivity,
to stabilize and revegetate areas destroyed by mining, dredging or
construction, or used to produce commercial and residential soil amendment
products.
A building arranged or used for lodging for compensation
and not occupied as a single-family unit.
Uncontaminated natural or untreated wood. Clean wood includes
but is not limited to by-products of harvesting activities conducted
for forest management or commercial logging or mill residues consisting
of bark, chips, endings, sawdust, shavings or slabs. It does not include
wood that has been treated, adulterated or chemically changed in some
way; treated with glues, binders or resins; or painted, stained or
coated.
All solid waste generated by establishments engaged in business
operations other than manufacturing or construction. This category
includes, but is not limited to, solid waste resulting from the operation
of stores, markets, office buildings, restaurants and shopping centers.
A stabilized organic product produced by a controlled aerobic
decomposition process in such a manner that the product can be handled,
stored and/or applied to the land without adversely affecting public
health or the environment. Composted sludge shall be as defined by
the Virginia Sewerage Regulations.
A land burial facility engineered, constructed and operated
to contain and isolate construction waste, demolition waste, debris
waste, inert waste or combinations of the above solid wastes.
Any residential, commercial, industrial or other area, lot
or site at which construction of any type is conducted, including
roads, buildings and all other places actively being constructed or
renovated.
Solid waste which is produced or generated during construction,
remodeling or repair of pavement, houses, commercial buildings or
other structures. Construction wastes include, but are not limited
to, lumber, wire, sheetrock, broken brick, shingles, glass, pipes,
concrete, paving materials and metal and plastics if the metal or
plastics are a part of the materials of construction or empty containers
for such materials. Paints, coatings, solvents, asbestos, any liquid,
compressed gases or semiliquids and garbage are not construction wastes.
For the purposes of this regulation, and as defined by Chapter
80 of the Virginia Solid Waste Management Regulations, a soil that,
as a result of a release or human usage, has absorbed or adsorbed
physical, chemical or radiological substances at concentrations above
those consistent with nearby undisturbed soil or natural earth materials.
A collection point for the temporary storage of solid waste
provided for individual solid waste generators who choose to transport
solid waste generated on their own premises to an established centralized
point, rather than directly to a disposal facility. To be classified
as a convenience site, the collection point may not receive waste
from collection vehicles that have collected waste from more than
one real property owner. A convenience site shall be on a system of
regularly scheduled collections.
[Added 5-10-2006]
For the purposes of this chapter, the County of Frederick,
Virginia.
The six-member governing body of the County of Frederick,
Virginia, known as the "Frederick County Board of Supervisors."
Compactible soil or other approved material which is used
to blanket solid waste in a landfill.
Wastes resulting from land clearing operations. Debris wastes
include, but are not limited to, stumps, wood, brush, leaves, soil
and road spoils.
That solid waste which is produced by the destruction of
structures and their foundations and includes the same materials as
construction wastes.
The state agency which enforces environmental laws and regulations
and ensures compliance with permit and regulatory requirements; this
agency is responsible for landfill permitting.
The County employee responsible for the daily operations
and supervision of employees making up the County's Department of
Public Works. The Director of Public Works shall have general supervision
over this chapter and shall periodically inspect all County facilities,
landfills, citizens' convenience sites and all other solid waste disposal
facilities.
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any solid waste into or on any land or water so that
such solid waste or any constituent thereof may enter the environment
or be emitted into the air or discharged into any waters.
A space in a building where group sleeping accommodations
are provided in one room, or in a series or closely associated rooms,
for persons not members of the same family group.
Solid waste management facility unless the context clearly
indicates otherwise.
Liquids which readily separate from the solid portion of
a waste under ambient temperature and pressure as determined by the
Paint Filter Liquids Test, Method 9095, United States Environmental
Protection Agency, Publication SW-846.
Readily putrescible discarded materials composed of animal,
vegetable or other organic matter.
A "hazardous waste" as described by Title 10.1, Article 1
of the Code of Virginia.
The accumulation and manipulation through a natural aerobic
process of decomposable yard waste and other organic materials to
reduce the overall volume of waste material and/or create an effective
substitute for a commercial soil-enriching product. This process must
be maintained in such a manner that no offensive odors are created.
To be considered household compost, the end product must not be part
of a commercial enterprise, but utilized on property owned by the
private individual creating the compost material.
Any waste material, including garbage, trash and refuse,
derived from households. Household wastes do not include sanitary
waste in septic tanks (septage) which is regulated by other state
agencies.
A facility or device designed for the treatment of solid
waste by combustion.
Liquids having a flash point of less than 140°
F. (60° C.), as determined by the methods specified in Chapter
60 of the Virginia Hazardous Waste Management Regulations;
Nonliquids liable to cause fires through friction,
absorption of moisture, spontaneous chemical change or retained heat
from manufacturing or liable, when ignited, to burn so vigorously
and persistently as to create a hazard;
Ignitable compressed gases; and/or oxidizers.
A solid waste landfill used primarily for the disposal of
a specific industrial waste or a waste which is a by-product of a
production process.
Solid wastes defined to be infectious by the Virginia Regulated
Medical Waste Management Regulations as promulgated by the Virginia
Waste Management Board.
Any public or private establishment which educates, instructs,
treats for health purposes or otherwise performs a service or need
for the community, region, state or nation.
All solid waste emanating from institutions such as, but
not limited to, hospitals, nursing homes or orphanages, and public
or private schools. It can include infectious waste from health care
facilities and research facilities that must be managed as an infectious
waste.
A sanitary landfill, an industrial waste landfill or a construction/demolition/debris
landfill.
The area within the property boundary of a landfill facility
in which solid waste is buried or permitted for actual burial.
The County employee responsible for the daily operations
and supervision of the County's landfills and staff. The landfill
manager reports directly to the Director of Public Works.
For the purposes of these regulations, any wet cell battery.
Any waste material that is determined to contain "free liquids"
as defined by these regulations.
All waste material, disposable packages or containers but
not including the wastes of the primary processes of mining, logging,
sawmilling, farming or manufacturing in accordance with Title 10.1,
Article 3 of the Code of Virginia. "Litter" may also be defined as
any of the above scattered about a solid waste management facility
outside the immediate working area as defined in Chapter 80 of the
Virginia Solid Waste Management Regulations.
A container with a capacity of not less than 25 gallons,
constructed and placed for use as a depository for litter.
A solid waste management facility for the collection, processing
and recovery of material such as metals from solid waste or for the
production of a fuel from solid waste. In order to classify as a materials
recovery facility, all materials received by the facility must be
processed and recovered, with no materials being shipped from the
facility to a central solid waste management facility for disposal,
incineration or resource recovery.
[Amended 5-10-2006]
Woody waste consisting of stumps, trees, limbs, branches,
bark, leaves and other clean wood waste which has undergone size reduction
by grinding, shredding or chipping and is distributed to the general
public for landscaping purposes or other horticultural uses except
composting as defined and regulated under these regulations or the
Yard Waste Composting Regulations.
A structure arranged or designed to be occupied by two or
more households as defined by the County's Zoning Ordinance.[2]
That waste which is normally composed of residential, commercial
and institutional solid waste.
An activity which unreasonably interferes with an individual's
or the public's comfort, convenience or enjoyment such that it interferes
with the rights of others by causing damage, annoyance or inconvenience.
A landfill on property owned and operated by the industrial
facility supported. Access is controlled and limited to the supported
industrial facility. This landfill shall be permitted through the
State Department of Environmental Quality.
A structure designed to be occupied by one household as defined
by the County's Zoning Ordinance. However, for purposes of this regulation,
"mobile homes" shall be defined as one-family dwellings.
The combustion of solid waste without:
A site on which any solid waste is placed, discharged, deposited,
injected, dumped or spilled so as to present a threat of a release
of harmful substances into the environment or present a hazard to
human health.
The person responsible for the overall operation and site
management of a solid waste management facility.
The written permission of the Executive Director of the Department
of Environmental Quality to own, operate or construct a solid waste
management facility.
An individual, corporation, partnership, association, governmental
body, municipal corporation or any other legal entity.
Any licensed person engaged in the collection, transportation
or disposal of solid waste from two or more residential, commercial,
industrial, institutional or other establishments.
Property owned by any person including but not limited to
yards, grounds, driveways, entrances, passageways, parking areas,
storage areas, any body of water, vacant land and recreational facilities.
Any solid waste disposal facility, including, without limitations,
all solid waste disposal facilities other than facilities owned or
operated by a local government, combination of local governments or
public service authority.
Any building which is owned or operated by government or
private interests and which is used as a place to conduct business
in which the general public is involved.
Any area that is used or held out for use by the public,
whether owned or operated by public or private interests, including
but not limited to highways, streets, alleys, parks, recreation areas,
sidewalks, medians, lakes, rivers, streams, ponds or other bodies
of water, but not including indoor areas. "Indoor areas" shall be
construed to mean any enclosed area covered with a roof and protected
from water and wind.
Solid waste which contains organic material capable of being
decomposed by micro-organisms and cause odors.
The process of separating a given waste material from the
wastestream and processing it so that it may be used again as a raw
material for a product which may or may not be similar to the original
product.
Those items (i.e., glass, aluminum, plastics, paper, textiles)
designated by the Public Works Director or his designee for separation
from the wastestream.
All solid waste products having the character of solids rather
than liquids and which are composed wholly or partially of materials
such as garbage, trash, rubbish, litter, residues from clean up spills
or contamination, or other discarded materials.
Any material containing more than 1 percent asbestos by weight
which, when dry, may be crumbled, pulverized or reduced to powder
by hand pressure and is considered friable and regulated as a special
waste in Part VIII.[3]
Household waste.
Combustible or slowly putrescible discarded materials which
include but are not limited to trees, wood, leaves, trimmings from
shrubs or trees, printed matter, plastic and paper products, grass,
rags and other combustible or slowly putrescible materials not included
under the term "garbage."
The authorized, controlled removal of waste materials from
a solid waste management facility.
An engineered land burial facility for the disposal of household
waste which is so located, designed, constructed and operated to contain
and isolate the waste so that it does not pose a substantial present
or potential hazard to human health or the environment. A sanitary
landfill also may receive other types of solid wastes, such as commercial
solid waste, nonhazardous sludge, hazardous waste from conditionally
exempt small quantity generators and nonhazardous industrial solid
waste.
The unauthorized or uncontrolled removal of waste materials
from a solid waste management facility.
That area served by the Frederick County Regional Sanitary
Landfill which encompasses the County of Frederick, the County of
Clarke and the City of Winchester.
Bits and pieces of metal parts such as bars, rods, wire,
empty containers or metal pieces that may be combined together with
bolts or soldering which are discarded material and can be used, reused
or reclaimed.
Any new or used needles, scalpel blades, lancets, glass,
syringes, razor blades, pipettes or anything having a sharp point
or edge. This includes anything that may break during transport and
thus puncture a garbage bag.
Any solid, semisolid or liquid waste generated from a municipal,
commercial or industrial wastewater treatment plant or air pollution
control facility exclusive of treated effluent from a wastewater treatment
plant.
Any discarded material. Solid is defined by Part III of the
Virginia Solid Waste Regulations.
The area within the property boundary of a landfill facility
in which solid waste is buried or permitted for actual burial.
A solid waste management facility at which solid waste will
remain after closure.
A site used for planned treating, storing or disposing of
solid waste. A facility may consist of several treatment, storage
or disposal units.
Solid wastes that are difficult to handle, require special
precautions because of hazardous properties or the nature of the waste
creates waste management problems in normal operations.
The holding of waste, at the end of which the waste is treated,
disposed or stored elsewhere.
Any solid waste storage or collection facility at which solid
waste is transferred from collection vehicles to haulage vehicles
for transportation to a central solid waste management facility for
disposal, incineration or resource recovery.
[Amended 5-10-2006]
Combustible and noncombustible discarded materials and is
used interchangeably with the term "rubbish."
A device that compresses garbage for easier disposal.
Every device capable of being moved upon a public highway
or public waterway and in, upon or by which any person or property
may be transported or drawn upon a public highway or public waterway,
and shall also include any watercraft, boat, ship, vessel, barge or
other floating craft, except devices moved by human power, or used
exclusively upon stationary rails or tracks, or used exclusively for
agricultural purposes and not licensed pursuant to state law, which
is not operated on any public highway for purposes other than crossing
such public highway or along such highway between two tracts of the
owner's land.
Includes, but is not limited to, items such as stoves, refrigerators,
freezers, washers, dryers, hot-water heaters, window air conditioners,
dehumidifiers and other large appliances.
That fraction of municipal solid waste that consists of decomposable
waste materials generated by general yard and lawn care such as grass
clippings, leaves, wood chips, brush and tree prunings. Yard waste
does not include roots or stumps that exceed six inches in diameter.
The County Board reserves the option to establish
curbside refuse and recyclables collection in certain areas of the
County, based on population densities, pursuant to Resolution No.
7-98 approved by the County Board in August 1998.
No person shall own, operate or allow to be
operated on his property an open dump in accordance with Title 10.1,
Article 2 of the Code of Virginia. All garbage and refuse is to be
properly disposed of at County-operated citizens' convenience sites
or at the County's permitted landfill facilities.
No person shall dispose of solid waste on the
property of another. Garbage and refuse may only be disposed of at
County-operated citizens' convenience sites or at the County's permitted
landfill facilities.
A.
Owners of property within the County shall keep the
exterior of their property free of trash, garbage, refuse, litter,
appliances, inoperable mechanical equipment and other substances which
might endanger the health of the residents of the County. Appliances
and mechanical equipment which are stored outside and have doors which
are only operable from the outside or may obstruct the exit by a person
from the inside shall have the doors removed and made inoperable or
made secure from entry by lock and chain until the appliance has been
removed from the premises.
B.
Where substances of the nature set forth in this section
are found upon property within the County, the Public Works Director
or his designee shall notify the owner of such property to remove
such substances. Such notification shall be by registered or certified
letter sent to the owner at his last known address or hand-delivered
by a member of the Sheriff's Department. If, after diligent inquiry,
no address can be found for such owner or if such owner refuses to
accept the letter referred to herein, the letter herein referred to
shall be posted in a conspicuous place on the property.
C.
If, after reasonable notice to the owner of the property
in violation of this section, the violation is not corrected within
30 days, the Director of Public Works may correct the violation by
using County agents or employees. The cost or expenses thereof shall
be assessed to and paid by the owner and there shall be a lien on
the property ranking on a parity with liens for unpaid local taxes
and enforceable in the same manner as provided in Title 58.1, Articles
3 and 4 of the Code of Virginia.
D.
Where a landlord or other owner (hereinafter, "landlord"),
through his or her work or through judicial process, has caused the
property of a tenant to be removed from any rented unit and placed
outside of any building, whether onto the landlord's property or onto
the public property adjacent thereto, the landlord shall cause such
property to be completely removed from the landlord's property or
public property within 72 hours of the removal from the rental unit.
E.
Nothing in this chapter shall prohibit the operation
of household composting or agricultural operations receiving only
yard waste for composting. Such agricultural operations shall be subject
to the provisions of Title 10.1, Article 2, § 1408.1 of
the Code of Virginia.
A.
Trash compactors. Commercial enterprises using a trash
compactor that is not completely enclosed within the structure housing
the enterprise shall not operate the compactor between the hours of
10:00 p.m. and 8:00 a.m.
B.
Incinerators.
(1)
This section applies only to existing and new incinerators
having a capacity greater than 6,000 pounds per hour and those for
the incineration of toxic or hazardous wastes. All incinerators shall
be designed and operated in a manner to conform to emission limitations
of state and local air pollution control regulations.
(2)
It is unlawful for any person to construct, establish,
maintain or operate an incinerator without first acquiring a permit
from the state DEQ and complying with all applicable federal, state
and local regulations.
[Amended 5-10-2006]
A.
No transfer station shall be constructed, established,
maintained or operated in the County except by the County or under
contract to the County on property already designated by the County
for solid waste management.
B.
Materials recovery facilities shall accept only source-separated
materials.
C.
Any County-owned transfer station and/or materials
recovery facility shall be in conformance with the region's solid
waste management plan.
D.
Any County-owned transfer station and/or materials
recovery facility shall be operated in compliance with the requirements
of the state DEQ.
A.
All County nonresidential solid waste generators and
companies that manage solid waste or recycle materials generated within
the County shall file a completed nonresidential solid waste report
on a form obtained from the office of the Director of Public Works
pursuant to Title 15.2, Article 2, § 939 of the Code of
Virginia.
B.
The report shall contain such nonproprietary information
regarding waste generation, waste management and recycling necessary
to facilitate compliance with the regulations of the Virginia State
Waste Management Board. The report shall be based on volume or weight,
provided that where such measurement cannot be accurately determined,
the report may be based on carefully estimated data.
C.
The report shall be filed annually at the office of
the Director, located on the fourth floor of the County Administration
Building, 107 North Kent Street, Winchester, on or before January
31. Affected entities which commence operating after January 31 or
any year shall file the report within 90 days after commencing operations.
The report shall be signed by an owner, officer or partner of the
entity required to make such filing.
Any person, firm or corporation who or which
shall violate any of the provisions of this article shall, upon conviction,
be punishable by a maximum fine of $2,500 or by incarceration in jail
for not more than 12 months, or by both such fine and incarceration
and/or loss of trash/recyclables disposal privileges in the County.
Provisions of this chapter do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by other applicable codes, rules, acts or
ordinances. If more stringent requirements concerning solid waste
disposal are contained in any other codes, rules, acts or ordinances,
the more stringent regulation shall apply.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this chapter shall be judged invalid
by a court of competent jurisdiction, such order or judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
